(영문) 서울서부지방법원 2015.08.20 2014노1801

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(영문) 서울서부지방법원 2015.08.20 2014노1801

도박등

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below which found the defendant guilty of this part of the charges is erroneous in the misapprehension of facts, although the defendant, while gambling together with the victim D and E, brought the defendant's money, and did not steals the victims' money.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (two million won of fine) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts, the defendant can sufficiently recognize the fact that the victims committed a theft of gambling funds that the victims left on his/her table as stated in the judgment of the court below, so the defendant's assertion of mistake of facts is without merit.

1) The victims consistently ambling from the investigative agency to the court of the court below, and consistently expressed that the Defendant was dissatisfied with the Defendant’s loss of money, thereby bringing about all the gambling funds left above the clients by sounding the Defendant’s own fraud. The victims were subject to punishment for gambling and voluntarily reporting to the police in order to recover money by not receiving a telephone. The victims’ contact at any time at the time of the instant case, are very detailed and detailed as to the situation at the time of the instant case and the circumstances reported, and are persuasive in its explanation. 2) The victim D stated that 4 million won was 50,000 won at the investigative agency immediately after the instant case, and 50,000 won was lost. The court of the court below stated that there was a limit of one year and six months after the date of the instant case’s occurrence. In making a statement at the court, the victim D made a statement at the court of the court below that the degree of KRW 1.5 million was the natural memory situation after the lapse of one year and six months after the instant occurrence.

On the other hand, the victim E remains consistently at the investigative agency and the court below's decision.

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